Leaving Care duties and rights for relevant children Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

Somerset Council failed to implement the correct statutory process to examine a complaint about an unsatisfactory transition from children’s to adults’ services

Decision date: 29 November 2024 Summary The complaint was concerned with an unsatisfactory children’s to adults’ services transition in the context of mental illness, and a lack of multi-disciplinary working at the right time. But the main problem was the use of the wrong complaints process by the Council. What happened In February 2024 Ms […]

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Portsmouth City Council at fault for the inappropriate way in which it dealt with a former relevant child

Care Leavers LGO, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Intro to Ombudsman reports RE Leaving Care duties, Leaving Care duties and rights for relevant children / Gabe

Decision date: 16/01/20 What happened Mr X is a ‘former relevant child’ who suffers from a variety of health conditions which have a serious effect on his ability to communicate in a respectful way. He was placed under the Council’s responsibility in 2010 under the Children Act, section 20 and agreed to the proposed academic

Portsmouth City Council at fault for the inappropriate way in which it dealt with a former relevant child Read More »

Who can sue a public authority under the Human Rights Act?

Leave a Comment / Care Leavers Q&As, How Children's Services fit in with the Care Act (and transitioning from Children's Services, How the Mental Capacity Act affects the Care Act, Leaving Care duties and rights for relevant children, Q&As on Leaving Care duties, Q&As on Safeguarding, Harm, Deprivation of Liberty, Safeguarding, Harm, Deprivation of Liberty Q&As / belindaschwehr

Claims of unlawful action, via judicial review proceedings, or reliance on Convention rights in other legal proceedings, are restricted to ‘victims’ – a concept from ECtHR law which has been directly imported into the UK Human Rights regime by section 7(7) and 7(3). In the view of the ECtHR, a victim is ‘any person, non-governmental

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SA v A Local Authority [2010] EWHC 848 (Admin)

Leave a Comment / Children Act 1989 services, Civil Proceedings, Financial Compensation and Restitution, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Leaving Care duties and rights for relevant children, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need / Gabe

In this case the claimant (SA) successfully challenged the decision by the defendant local authority to provide support to her as a child in need under s17 of the Children Act 1989 rather than as a ‘looked after’ child. In December 2004, following an assessment by the local authority in which it concluded that her

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R (on the application of M) v Hammersmith & Fulham London Borough Council [2006] EWCA Civ 917

Leave a Comment / Children Act 1989 services, Housing Rights for children under 18 through Housing Legislation, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Judicial Review, Leaving Care duties and rights for relevant children, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need, The primacy of s20 Children Act for children who cannot live at home with their parent(s) / Gabe

The claimant (M) applied for judicial review of a decision of the defendant local authority to provide her with temporary accommodation under the Housing Act 1996 and the Homelessness (Priority Need for Accommodation) (England) Order 2002, and sought a declaration that she was a “former relevant child” under the Children Act 1989 s.23C and the

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R (on the application of G) v Southwark London Borough Council (2009) UKHL 26

This is an important ruling from the House of Lords setting out the relevant factors local authorities must consider when seeking to exercise their functions in relation to providing or assisting young people to find suitable accommodation. Changes to the Housing Act 1996 bought in by the Homelessness (Priority Need for Accommodation) (England) Order 2002

R (on the application of G) v Southwark London Borough Council (2009) UKHL 26 Read More »

Leaving Care duties and rights for relevant children